FAMILY LAW CASES
Child Protection:
This case was featured in the November, 2005 edition of Chatelaine, pages 99 through 108. Tom Johnston acted as counsel for a mother who was accused of trying to poison her young son. The claim was that she had Munchausen’s Syndrome By Proxy (“MSBP”). The child was returned to his mother and father’s care.
Jurisdiction:
Tom Johnston acted for the mother of a teenager who was permitted to stay in British Columbia and live with her mother in Penticton despite a Kansas Court Order granting custody to the father.
Mobility Rights:
Tom Johnston acted for a mother in this mobility rights case. The mother was permitted by the Court to move with her sons from the Okanagan against their father’s wishes to Winnipeg where she re-married. The eldest boy was hostile to the mother but after a 5 day trial, the Court found that it was in the best interests of both boys to go with their mother.
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OTHER CIVIL CASES
Tom Johnston successfully defended a Kootenay landowner who was alleged to have caused a landslide by clear cutting land.
Tom Johnston acted for a participant in an indoor soccer game who was beaten by a fellow competitor and received damages as compensation.
Mortgage Law:
Tom Johnston acted for a former home owner who was being pursued by the bank for the deficiency upon sale. The bank attempted to prove that there was a novation. The home owner did not have to pay.
Tom Johnston acted as counsel for a nurse who got botulism poisoning from a beef dip sandwich served to her at a White Spot. Damages were awarded.
Tom Johnston acted for a woman who alleged that she had multiple sclerosis (MS) and that it was caused by a slight collision at an intersection. MS was established but causation was not.
Tom Johnston acted for a rider who rented a horse and saddle at a riding stable and the rider was thrown off when the cinch underneath the saddle gave way. The Court found that the stable was negligent in not having a cinch more tightly secured.
Workers’ Compensation:
Tom Johnston acted for a worker who was denied benefits and had those benefits reinstated.
Immigration:
Tom Johnston successfully acted for a couple who adopted the husband’s brother’s child into their family. They were accused of sham adoption. Johnston successfully proved otherwise. This case was later overturned by the Federal Court, however, the child was allowed to stay and has lived a full and vibrant life in Canada .
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CRIMINAL LAW CASES
Conditional Sentence:
Tom Johnston acted for a man who was convicted of a historical sexual assault. On appeal, Johnston was successful in getting his sentence reduced to a conditional sentence to be served in the community.
Faint Hope:
Tom Johnston did one of the first “faint hope” jury trials in British Columbia .
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